By registering for a user account on our wogi.sg, our “ Website ” (a “ User Account ”), you acknowledge that you have read, understand and agree to be bound by the terms stated herein, as may be updated from time to time (the “ Terms ”), which form an agreement between you and WOGI PTE. LTD. (Singapore Company Registration Number: 201436860D) (the “ Company ”), that is effective as if you had signed it.

Your access to the contents and use of the User Account is subject to all terms contained herein, the Terms of Use of the Website here (“ Website Terms ”), and all applicable laws and regulations. Your registration or continued usage of a User Account is subject to your continued agreement and compliance with these Terms. If you do not agree with these terms, you are not permitted to register or use a User Account and you must terminate any such access or User Account immediately.

The Company reserves the right to amend and update these Terms at any time at its sole discretion. You are advised to regularly review and update yourself on these Terms. Please direct any questions you may have about these Terms, or technical questions or problems with the Website, to us at hi@wogi.sg

1. CONTINUED EFFECTIVENESS OF TERMS OF USE OF WEBSITE
   1. These Terms are in addition to and complement the Website Terms, which remain in full force and effectiveness and are to be read together with these Terms. In the event of any inconsistency between these Terms and the Website Terms, the provisions of these Terms will prevail.
2. PERMITTED USERS
   1. Only persons who are at least 18 years of age may register for or use a User Account. By registering and using your User Account, you represent and warrant to the Company that:
   1. you are 18 years of age or older; or
   2. you are accessing the Website with the consent and under the supervision of a responsible adult (at least 21 years of age) who agrees to take responsibility for all your actions.
   2. In registering a User Account, you represent and warrant that you have read and agree to the terms of the Data Protection Policy, available here and the Website Terms. Furthermore, you must inform the Company without undue delay of any changes to the information that you provided when registering your User Account by updating your personal details.
   3. Each person is only allowed to register ONE (1) USER ACCOUNT , and in the event that you register for or use more than 1 User Account, the Company may terminate all your User Accounts for cause and subsequently bar or prohibit you from further using the Company’s services.
   4. You may not register for or use a User Account if you have previously been barred by the Company from using the Website, are accessing it from a location which the Company has barred from using the Website, or are intending to use it for any non-permitted means as listed hereinafter in these Terms.
3. REGISTRATION
   1. You may only register for a User Account through the Website.
   2. You will be asked to create a password when creating this User Account. In order to prevent fraud or theft of your User Account, you should:
   1. create and use a password of sufficient length and complexity;
   2. keep your password confidential and safe, and not disclose it with or to anyone;
   3. not use your password anywhere else other than at the Website;
   4. update your password from time to time; and
   5. change your password without undue delay if you suspect that your password has been compromised.
   3. The Company’s Data Protection Policy is hereby incorporated by reference, and you represent and warrant that you have read, agree, and give all required consents under the Data Protection Policy regarding our collection, use, and disclosure of your personal data.
   4. If the Company has reason to believe that there is likely to be or there is a breach of security or misuse of your User Account, the Company may require you to change your password or may suspend your User Account without prior warning.
4. USE
   1. You are solely responsible for all acts and actions carried out through your User Account.
   2. If you suspect that another person has taken over control of your User Account and you are no longer able to access it, you must notify the Company through any available means immediately. Upon receipt of such notification, the Company may suspend the relevant User Account pending the outcome of further investigations. You will be continue to be fully responsible and liable for any act taken through your User Account until such date and time when the Company receives your notification.
   3. Through your User Account, you may, amongst other things:
   1. view, amend, and change your personal data;
   2. view and purchase Gifts (as defined in the Website Terms);
   3. upload gift cards issued by Vendors (this may not be applicable to or available for every Gift or Vendor);
   4. send Gifts to any other person through selected delivery methods;
   5. exchange an existing Gift from a Vendor for WOGI Dollars;
   6. exchange or redeem WOGI Dollars for a Redeemable Gift (as defined below);
   7. link your User Account to your “Facebook” profile and if so, view the delivery information of your “Facebook” contacts that also have a User Account with the Company;
   8. contact the Company;
   9. terminate and close your User Account; and
   10. take any other act or perform any other function that the Company may permit from time to time.
   4. Any use of the Website or User Account other than as specifically authorized herein without the prior written permission of the Company is strictly prohibited and will terminate your license to use the Website, and allow us to suspend or terminate your User Account.
   5. While the Company endeavours to provide the best service possible, the Company cannot and does not undertake, warrant, or represent that the User Account will meet your requirements or be fault-free. You are welcome to give any feedback on the Website or User Account to the Company in accordance with the Website’s Terms of Use.
5. SUSPENSION AND TERMINATION
   1. The Company may, in its sole discretion, suspend access to your User Account from time to time for maintenance, upgrading, administrative work, or other similar reasons.
   2. You may voluntarily close your User Account at any time through your User Account My Profile subject to the following conditions:
   1. You may not close your User Account if there is any unused Gift standing in your User Account, unless you expressly inform us that you waive and agree to the cancellation of such Gift. No refund will be provided for any Gift.
   2. WOGI Dollars in your User Account may be refunded if they qualify for a refund subject to Clause 6.9 of these Terms. If you do not expressly request that the Company makes such refund at the time of closing your User Account, you will be deemed to have irrevocably waived your right to receive such refund.
   3. The Company may, in its sole discretion, immediately and without notice suspend, discontinue, or terminate your access to your User Account or any part thereof for any reason, including any breach by you of these Terms, the Website Terms, the law, misuse of the User Account, act which is against public interest, public order, national harmony, offensive against good taste and decency, or withdrawal of consent to the Data Protection Policy.. In the event of a termination of your User Account for cause, each of your Gifts and WOGI Dollars will be forfeited absolutely and will not be refunded or redeemed.
   4. The Company shall not be liable to you or any third party for any loss or damage arising from a suspension, discontinuance, or termination of your User Account, whether caused by the Company's negligence or otherwise.
   5. The suspension or closure of your User Account does not affect any accrued right the Company may have against you or liability you may bear towards the Company.
6. WOGI DOLLARS
   1. The Company provides the use of store credit called “ WOGI Dollars ”. The use of WOGI Dollars is subject to the terms in this Clause, which may be changed at any time in the Company’s sole discretion.
   2. The Company may in its sole discretion at any time from time to time:
   1. make WOGI Dollars available to any User Account;
   2. restrict any User Account from using WOGI Dollars; or
   3. impose any limitation on the use of WOGI Dollars.
   3. WOGI Dollars may be obtained either through:
   1. exchanging a Gift owned or received by you for WOGI Dollars (“ Exchanged Dollars ”); or
   2. directly purchasing WOGI Dollars through such means as the Company permits from time to time, including direct payment via the Website and purchase of top-up cards through third-party vendors (“ Purchased Dollars ”)
      1. For the avoidance of doubt, the Company is not responsible or liable for the actions of any third-party vendor in relation to the sale of WOGI Dollars.
   4. Once obtained, WOGI Dollars may only be used on the Website, and may only be used to purchase a Redeemable Gift (as defined below) on the Website by paying all or part of the purchase price for such Gift.
   5. Your WOGI Dollars will be stored in and tied to your User Account and may not be transferred to any other User Account.
   6. You may not have more than 999 WOGI Dollars in your User Account at any one time. In the event that a purchase or exchange would result in your User Account having more than 200 WOGI Dollars, such purchase or exchange would not be allowed.
   7. Each WOGI Dollar must be used within 1 calendar year of the date of obtaining such WOGI Dollar, failing which such WOGI Dollar will expire and will cease to be redeemable for any Gift.
   8. Each WOGI Dollar may be redeemed to offset the price of certain Gifts for the sum of S$1.00 (each a “ Redeemable Gift ”), subject to the following conditions:
   1. The Company may designate any Gift as a Redeemable Gift at its sole discretion. If the Company does not designate a Gift as a Redeemable Gift, WOGI Dollars may not be used to offset the price of such Gift.
   2. The Company may limit the amount of WOGI Dollars that may be used for each Redeemable Gift, or set other conditions on the use of WOGI Dollars for a Redeemable Gift.
   3. The Company may at any time in its sole discretion designate a Gift as a Redeemable Gift, withdraw any Gift from being a Redeemable Gift, or change the terms and conditions applicable to the use of WOGI Dollars on a Redeemable Gift.
   4. If your User Account has WOGI Dollars with different expiry dates, the WOGI Dollars which are due to expire earlier will be used before the WOGI Dollars that that are due to expire later.
   5. If your User Account holds both Exchanged Dollars and Purchased Dollars expiring on the same date, Exchanged Dollars will be used before Purchased Dollars.
   9. The Company will not refund Exchanged Dollars. The Company may, in its sole discretion, refund unused Purchased Dollars purchased by you, subject to the following conditions:
   1. You must make a request for a refund on any unused Purchased Dollar to the Company in writing (via any means designated by the Company) no later than 1 calendar month after the date of expiry of such Purchased Dollar.
   2. Each refund of Purchased Dollars:
   1. is solely at the discretion of the Company;
   2. is only payable directly to you and not to any third party;
   3. must be made through the relevant page on the User Account;
   4. is subject to the imposition of an administrative processing fee, which will be offset against your refund; and
   5. will be paid to you through any reasonable means at the Company’s discretion.
   3. If the Company is unable to obtain any personal data required to make such refund, the Company’s obligation to make such a refund is fully discharged by the Company mailing a cheque for the refunded sum to your last known correspondence address.
   10. You hereby represent and warrant to the Company that to the best of your knowledge, information, and belief:
   1. the funds or property that used for making payment to the Company for any Purchased Dollar is not connected to any criminal activity, terrorist activity, or intended money-laundering scheme;
   2. any Purchased Dollar purchased by you will not be used for or in connection to any criminal activity, terrorist activity, or intended money-laundering scheme; and
   3. the country from which you are purchasing a Gift is not subject to an embargo which Singapore is bound to comply with or enforce.
   11. Your breach of any aforementioned representation or warranty will result in every WOGI Dollar held by you being immediately suspended without notice without the Company being required to give you any refund for any monies paid. You shall fully indemnify the Company against all costs, losses, expenses, claims, and damage incurred or suffered by the Company as a result of a breach of any aforementioned representation or warranty, including legal costs expended in defending or prosecuting any matter.

These Terms of Sale (the “ Agreement ”) are the terms of AN OFFER MADE BY YOU (the “ Purchaser ”) to WOGI PTE. LTD. (Singapore Company Registration No. 201436860D) (the “ Company ”) in relation to the purchase of the gift(s) you have indicated you wish to purchase on the Company’s website (each a “ Gift ”).

By selecting the “Pay Now” button, you acknowledge, represent, and warrant to the Company that you have read and understand the terms stated herein and make an offer to the Company to purchase each Gift on the terms of this Agreement. We will not sell any Gift to you other than on the terms in this Agreement.

The Purchaser’s acceptance of this Agreement is only made and confirmed upon the appearance of a “confirmation of purchase” page.

The Company reserves the right to amend and update this Agreement at any time at its sole discretion without prior notice. Please direct any questions you may have about this Agreement to us at hi@wogi.sg

WHEREAS:
1. The Company is an authorised distributor for the vendor of each Gift (a “ Vendor ”) to market and sell the Gifts through its website (the “ Website ”).
2. The Purchaser has offered to purchase Gift(s) through the Website, and the Company agrees to sell the Purchaser such Gift(s) on the terms stated herein.
EACH PARTY AGREES AS FOLLOWS:

1. DEFINITIONS AND INTERPRETATION
   1. Each of the following words or expressions in this Agreement has the following meaning:

      “Agreement”

      means this present Terms of Sale including recitals, schedules, and annexures, as supplemented, varied, or modified from time to time by the Company.

      “Agreement Date”

      means the date of entry into of this Agreement, which is the date on which the Company accepts your offer.

      “Business Day”

      means a day other than a Saturday, Sunday, or a public holiday, on which banks are open for business in Singapore.

      “Company”

      has the meaning assigned to it in the preamble.

      “Data Protection Policy”

      means the Company’s data protection policy as amended from time to time, available here

      “Dispute Notice”

      has the meaning assigned to it in Clause 10.1.

      “Gift Recipient”

      has the meaning assigned to it in Clause 4.4.

      “Gift”

      has the meaning assigned to it in the preamble.

      “GST”

      means goods and services tax levied according to the Goods and Services Tax Act, Chapter 117A.

      “Party”

      means any of the Company and the Purchaser.

      “Payment Method”

      has the meaning assigned to it in Clause 3.2.

      “Person”

      includes any natural person, partnership, joint venture, corporation, trust, firm, association, government, governmental agency or department, statutory board, or any other entity.

      “Purchaser”

      has the meaning assigned to it in the preamble.

      “Recipient”

      has the meaning assigned to it in Clause 11.7.3.

      “Redemption Terms”

      has the meaning assigned to it in Clause 5.1.

      “Refund and Exchange Policy”

      means the Company’s refund and exchange policy as amended from time to time, available here

      “S$”

      means Singapore dollars, the lawful currency of the Republic of Singapore.

      “Sender”

      has the meaning assigned to it in Clause 11.7.

      “SIAC”

      means the Singapore International Arbitration Centre.

      “SMC”

      has the meaning assigned to it in Clause 11.1.

      “Third Party”

      means any person who is not a Party.

      “User Account”

      means the Purchaser’s user account with the Website, which is subject to the User Account Terms, available here

      “Vendor”

      has the meaning assigned to it in the preamble.

      “Website”

      has the meaning assigned to it in the preamble.

      “WOGI Dollars”

      means the store credit held by the Company in favour of the Purchaser on the Purchaser’s User Account.

      “Writing”

      includes electronic mail, facsimile, telex, telegraph, telegram, or any means of electronic communication.

   2. Each reference to a Recital, Clause, or Schedule is a reference to the recital to, clause of or schedule to this Agreement. Each Recital and Schedule to this Agreement forms an integral part of this Agreement.
   3. Each reference to a unit of time is, unless the context requires otherwise, a reference to a calendar unit of time.
   4. Each word importing the singular number only includes the plural number, and vice versa.
   5. Each word importing the masculine gender only includes the feminine and neuter genders, and vice versa.
   6. Each reference to a statutory provision is a reference to that provision as amended, consolidated or re-enacted; or as its application is modified by other provisions (whether before or after the date of this Agreement) from time to time; and includes any provision of which there are consolidations or re-enactments for the time being in force (whether with or without modifications).
   7. Each heading used in this Agreement is inserted for convenient reference only and is not to affect the construction or interpretation of any provision of this Agreement.
2. SALE
   1. Subject to Clauses 2.2 and 2.3, the Company agrees to sell and the Purchaser agrees to buy each selected Gift at the price previously stated in the order summary, which excludes GST payable to the Company.
   2. The Purchaser is required to create a User Account in order to make any purchase, and all purchases must be made through the User Account.
   3. Each Gift is sold on an “as-is” and “while stocks last” basis and the Company may decline to make any sale in its absolute discretion. The Company also may impose limits or caps on the sale and purchase of any particular Gift in its absolute discretion.
   4. The purchase of each Gift will be completed only on the Company’s successful receipt of full payment from the Purchaser, upon which the Purchaser will acquire all rights and title in each Gift. For the avoidance of doubt, the Purchaser may not use or redeem any Gift until (i) such payment is made and (ii) all rights and title in the Gift is vested in the Purchaser.
   5. The price of each Gift is subject to change without notice.
   6. The Purchaser shall not re-sell any Gift to any Third Party for commercial gain without the prior written consent of the Company, and the Company and Vendor are not required to recognise any such onward sale as being legally valid. This Clause 2.6 does not prohibit the Purchaser from gifting any Gift to a Third Party.
   7. Any advertisement for or information on each Gift is provided by the Vendor and the Company has no responsibility for the contents or information on or related to each Gift. While the Company strives to be as accurate as possible and to eliminate errors on the Gifts, the Company is unable to and does not represent or warrant that any Gift or information on or about the Gift is accurate, complete reliable, current, or error-free.
   8. In the event of an error during the purchase process, the Company may at its sole discretion correct the error and revise the purchase accordingly by charging the correct price or cancelling the order and refunding any amount charged.
   9. The United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980), and any implied term that would otherwise be imposed under the Sale of Goods Act, Chapter 393, are hereby excluded to the fullest extent permitted by law.
3. PAYMENT
   1. Payment for each Gift will be made at the time of purchase, before the Company delivers the Gift to you.
   2. Payment may be made by any of the following methods, each of which is a “ Payment Method ”:
   1. WOGI Dollars;
   2. eNETS;
   3. any internationally recognised credit or debit card approved by the Company;
   4. a third-party payment service provider or stored value facility such as “Paypal”, “Apple Pay”, or “Google Wallet”;
   5. payment through the Purchaser’s phone service subscriber; and
   6. any other mechanism which the Company may approve from time to time.
   3. The Purchaser may use WOGI Dollars to fully or partially pay the purchase price for each Gift. If WOGI Dollars are used to partially pay the purchase price of a Gift, the remainder of the purchase price for such Gift must be fully paid through any one (and one only) other Payment Method.
   4. In opting to make payment through any Payment Method, the Purchaser represents and warrants to the Company that he has the authority to make or instruct that payment be made by the specific issuer or underwriter of such Payment Method, and that the Purchaser instructs the Company to charge the purchaser order to him through such Payment Method.
   5. If payment fails for any reason, including that the Payment Method designated cannot be verified, is invalid, or is not otherwise acceptable, the Company will automatically suspend or cancel such purchase and the Purchaser will continue to be fully liable for any bank or payment fees incurred as a result of such transaction. The Purchaser is solely responsible for resolving any problem with any Payment Method that results in a failure to make payment.
4. DELIVERY
   1. The Company's obligation to deliver any Gift only arises at such time payment for such Gift is actually received by the Company, subject always to the availability of stock of such Gift at the time such payment is actually received.
   2. Each Gift purchased will be recorded and registered in the relevant section of the Purchaser’s User Account.
   3. If a Gift is purchased for the Purchaser’s personal use, the Gift will be delivered to and displayed in the relevant section of the Purchaser’s User Account, and the delivery of such Gift to the Purchaser’s User Account fully discharges the Company’s delivery obligation under this Agreement.
   4. The Purchaser may indicate that the Company is to deliver the Gift to a Third Party (a “ Gift Recipient ”) through any means that the Company makes available for such Gift on the Website, and the Company will use reasonable endeavours to delivery such Gift in accordance with your request.
   1. Any delivery to a Gift Recipient will be made based on the data the Purchaser disclosed to the Company for such delivery, and the Purchaser is solely responsible for any loss sustained by himself, the Company, or any Third Party as a result of providing incorrect, misleading, or inaccurate data to the Company.
   2. If the Company is unable to deliver a product to the Gift Recipient after making reasonable endeavours to do so, the Company will deliver such Gift to the Purchaser’s User Account instead. The delivery of such Gift to the Purchaser’s User Account fully discharges the Company’s delivery obligation under this Agreement.
   3. The Purchaser may contact the Company to arrange for re-delivery of such Gift, and the Company may do so at its discretion. The Company may charge the Purchaser an additional reasonable sum for administrative fees in processing such re-delivery, and any other expenses incurred in such re-delivery will be borne solely by the Purchaser.
5. REDEMPTION
   1. The Company only sells and does not redeem each Gift. The redemption of any Gift is governed by the terms and conditions for redemption set by the relevant Vendor (the “ Redemption Terms ”), and redemption of each Gift is subject to the Redemption Terms. The Redemption Terms are available:
   1. on the Vendor’s website as indicated on the Gift;
   2. printed directly on each Gift; or
   3. displayed at the point of selection of each Gift.
   2. The Purchaser represents and warrants that he has read and familiarised himself with the Redemption Terms and purchases each Gift subject to its respective Redemption Terms.
   3. The Purchaser shall be responsible for activating any Gift in accordance with the Redemption Terms if the Redemption Terms require such Gift to be activated before use.
   4. The Purchaser acknowledges that the Vendor is fully responsible for all aspects of redemption and use of each Gift, including:
      1. any requirement that the Gift be activated before it may be used;
      2. the sale of products or provision of services by the Vendor or any Third Party through the use of such Gift; and
      3. any Vendor’s failure or refusal to honour a Gift;
      and that to the fullest extent permitted by law, the Company bears no responsibility or liability for or over the redemption of any Gift with a Vendor.
6. REFUNDS AND EXCHANGES
   1. Refunds and exchanges for any Gift are governed by the Refund and Exchange Policy, as amended from time to time, which is hereby incorporated by reference.
7. VOID TRANSACTIONS
   1. The Purchaser hereby represents and warrants to the Company that to the best of his knowledge, information, and belief:
   1. the funds or property that he uses or will use for making payment to the Company is not connected to any criminal activity, terrorist activity, or intended money-laundering scheme;
   2. any Gift purchased by him will not be used for or in connection to any criminal activity, terrorist activity, or intended money-laundering scheme; and
   3. the country from which he purchasing a Gift is not subject to an embargo which Singapore is bound to comply with or enforce.
   2. The Purchaser’s breach of the aforementioned representations and warranties will result in every purchase by the Purchaser being void ab initio. The Purchaser shall fully indemnify the Company against all costs, losses, expenses, claims, and damage incurred or suffered by the Company as a result of a breach of the foregoing representation and warranty, including legal costs expended in defending or prosecuting any matter.
8. PERSONAL DATA PROTECTION
   1. The Purchaser consents to the Company’s use, collection, and disclosure of his personal data in accordance with the Company’s Data Protection Policy, as amended from time to time, which is hereby incorporated by reference.
9. REPRESENTATIONS AND WARRANTIES
   1. The Purchaser represents and warrants to the Company and the Vendor that:
   1. If the Purchaser is a natural person:
   1. he has the full capacity and authority and all necessary licenses, permits, and consents to enter into this Agreement and any other documents to be entered into by him hereunder; and
   2. if he is under 18 years or the legal contracting age in his country of residence, that he enters into this transaction with the knowledge and permission of an adult who has agreed to undertake any obligation imposed herein on his behalf.
   2. If the Purchaser is a company, it is duly incorporated under any applicable law, and it has the full capacity and authority and all necessary licenses, permits, and consents to enter into this Agreement and any other documents to be entered into by it hereunder.
   3. The person actually entering into this Agreement is the Purchaser himself, or is authorised to do so by and is doing so on behalf of the Purchaser,
   4. This Agreement and all documents to be executed pursuant to or under it constitute valid and binding obligations on him and will bind his personal representatives, successors, and assigns in accordance with their respective terms.
   5. The execution and delivery of the Agreement and the performance of his obligations under it will not:
   1. result in a breach of, or constitute a default under, any instrument, agreement or arrangement to which he is a party or by which he is bound; or
   2. result in a breach of any order, judgment, or decree of any court or governmental agency to which he is a party or by which he is bound.
   6. He is not bankrupt or insolvent, not aware of any applications for bankruptcy or winding up that are filed or that have a reasonable possibility of being filed against him, or not entering or contemplating entering into a scheme of arrangement with his creditors.
10. DISPUTE RESOLUTION
    1. If any dispute, controversy, or claim arises between the Company and the Purchaser arising out of this Agreement and the Purchaser desires to litigate over such dispute, the Purchaser shall give written notice to the Company (a “ Dispute Notice ”), which shall state:
    1. The Purchaser’s full name, identification number, correspondence address, telephone number, and email address;
    2. A summary of the subject-matter of such dispute, controversy, or claim; and
    3. That the Purchaser desires to commence litigation with respect to such dispute.
    2. The Purchaser shall not commence litigation over such dispute, controversy, or claim by any means, including filing a writ of summons, originating summons, or any other form of summons, until not less than 2 weeks after the date of receipt of a Dispute Notice by the Company, subject to Clauses 11 and 12.
11. MEDIATION
    1. At any time before a litigation is commenced in respect of a dispute, controversy, or claim, the Company may in its sole absolute discretion elect to submit such dispute, controversy, or claim for mediation at the Singapore Mediation Centre (“ SMC ”) in accordance with the SMC’s mediation procedure in force for the time being.
    1. The Company may submit a request to mediate to SMC and at the same time send a copy of such request to the Purchaser, upon which the Parties must participate in an SMC-arranged mediation within 2 months thereof, provided that such mediation need not take place if the dispute is resolved before such mediation actually takes place.
    2. The Company may be represented by a solicitor or any senior employee, who will have authority to negotiate and settle such dispute.
    3. The Purchaser must be represented by a solicitor, himself if he is a natural person, or a senior employee with authority to negotiate and settle the dispute if he is a corporate person.
    4. Unless otherwise agreed by the Company and the Purchaser, the mediator at such mediation will be appointed by the SMC.
    5. The mediation will take place in Singapore in the English language and each Party agrees to be bound by any settlement agreement reached.
    2. If the Company elects to proceed for mediation, no dispute, controversy, or claim arising out of this Agreement may be submitted to any court or arbitral tribunal for determination until and unless the Parties have in good faith complied with this Clause 11, and each Party irrevocably consents to any other Party obtaining a stay or dismissal of any court or arbitral proceeding started by the former Party if such former Party did not comply with this Clause 11.
    3. This Clause will survive the termination of this Agreement.
12. ARBITRATION
    1. In the event that the Parties are unable to resolve any dispute, controversy, or claim arising out of this Agreement, whether before or after complying with the mediation process stated in Clause 11, the Company may elect to submit any such dispute, controversy, or claim to arbitration under the SIAC rules in force at the time of the service of the notice of arbitration.
    2. Unless otherwise expressly agreed in writing between the Parties, the seat of the arbitration proceedings will be Singapore, all arbitration proceedings will take place in Singapore, and the language of arbitration will be English. The Parties may also agree in writing that any Party may participate in arbitration proceedings through video-link, in which case the location of proceedings will be deemed to be in Singapore.
    3. The arbitration tribunal will consist of one (1) member appointed in accordance with the SIAC rules in force at the time of service of the notice of arbitration. The Parties agree that the arbitrator may be selected from outside the SIAC’s panel of arbitrators.
    4. Any award of the arbitration tribunal will be final and binding upon each Party and each Party shall comply with any award of the arbitration tribunal. Each Party agrees that the arbitral award may be enforced against any Party or their assets wherever they may be found and that a judgment award may be entered in any court having jurisdiction over such assets.
    5. In rendering their decision, the arbitrator shall consider the intent of the Parties insofar as it can be determined from this Agreement, Singapore laws and regulations or, in the absence of specific provisions in the published and publicly available Singapore laws and regulations, the arbitrator shall refer to generally accepted standards and principles as they have been applied by international tribunals in the arbitration and resolution of similar disputes.
    6. Performance of this Agreement shall continue during the course of arbitration proceedings save for the elements over which the Parties are undergoing arbitration.
    7. This Clause is governed by and is to be construed in accordance with the laws of Singapore.
13. GENERAL PROVISIONS
    1. This Agreement is governed by and is to be construed in accordance with the laws of Singapore, and subject to Clause 11 and Clause 12, each Party hereby submits to the exclusive jurisdiction of the Singapore courts, including the Singapore International Commercial Court.
    2. This Agreement is personal to each Party, and no Party may sell, assign, or transfer any duty, right, or interest created under this Agreement without the prior written consent of each other Party, save that the Company may sell, assign, or transfer any debt owed by the Purchaser to the Company pursuant to or in connection with this Agreement to any other person.
    3. No right or remedy under this Agreement will be waived or be deemed to be waived unless it is evidenced in writing signed by the Party waiving that right or remedy, and a waiver of a breach of this Agreement will not operate as a continuing waiver or operate as a waiver of a subsequent breach, unless a contrary intention is clearly expressed in writing.
    4. Nothing in this Agreement is intended to confer on any Third Party any right to enforce any terms of this Agreement which that person would not have had but for the Contracts (Rights of Third Parties) Act, Chapter 53B, save that the Vendor of any Gift may enforce against the Purchaser any Clause in this Agreement that is for his benefit.
    5. This document, including any other document mentioned or referred to herein, contains the entire agreement between the Parties with respect to the subject matter hereof. It supersedes any previous agreement between the Parties in relation to the matters dealt with it and represents the entire understanding between the Parties.
    6. If any term, condition or provision of this Agreement is held to be a violation of any applicable law, statute or regulation, the same will be deemed to be deleted from this Agreement and will be of no force and effect and this Agreement will remain in full force and effect as if such term, condition or provision had not originally been contained in this Agreement.
    7. Any notice given under this Agreement is:
    1. to be in writing in the English Language;
    2. signed by or on behalf of the Party giving it (the “ Sender ”);
    3. to be served by delivering it by fax, email, post, registered post, or in person to the receiving Party (the “ Recipient ”) at the address stated for each Party in the Preamble, or at such other particulars for notice as each Party may notify the other Party in writing from time to time;
    4. deemed to have been received on the actual date and time of receipt of such notice, failing which:
    1. if sent by fax or email before 6 p.m. on any Business Day, on the same Business Day;
    2. if sent by fax or email after 6 p.m. on any Business Day or on a non-Business Day, the Business Day immediately after such fax or email is sent;
    3. if sent by post or registered post, 3 Business Days from the date of sending such notice, provided there is no intimation that the notice was not received by the Recipient within the 3 Business Days; and
    4. if delivered personally, when the Sender actually delivers the notice to the address of the Recipient; and
    5. proven to be served:
    1. if sent by fax; if the fax is sent to the correct fax number and there is no intimation that the fax was not received by the Recipient;
    2. if sent by email; if the email is sent to the correct email address and there is no intimation that the email was not received by the Recipient; and
    3. if sent by post, registered post, or personally; if the envelope containing the notice was addressed to the address of the Recipient and delivered either to that address or into the custody of the postal authorities.
    8. Notwithstanding any applicable written law or rule to the contrary, each Party agrees that service of originating processes or other court or mediation document may be effected by:
    1. scanning and sending the relevant document to the Recipient by email to the Recipient’s designated email address. If service is effected in such a manner, service will be deemed to be effected 1 Business Day after the date such email is sent, provided that during such time there is no intimation received by the Sender that such email was not received by the Recipient; or
    2. placing the relevant document into a sufficiently pre-paid envelope addressed to the address of the Recipient, and delivering such envelope either directly to that address or into the custody of the postal authorities. If service is effected in such a manner, service will be deemed to be effected 5 Business Days after the date of delivery to the said address or into the custody of the postal authorities, as the case may be.
    9. This Agreement may be amended by the Company without prior notice from time to time, but the version of this Agreement that is in force between the Company and the Purchaser will be the version that is in force at the time the relevant Gift is purchased from the Company.
    10. If this Agreement is translated into any other language, the version of this Agreement written in the English language shall prevail.

Unless otherwise stated, these are the Redemption Terms of each Gift available on this website (a “ Gift “). The use or redemption of any Gift is subject to these Redemption Terms.

If you have any queries about these terms, please contact the vendor of the goods or services redeemable by such Gift (the “ Vendor ”) or us, WOGI PTE LTD (Singapore Company Registration No. 201436860D) (“ WOGI “) at hi@wogi.sg

1. GENERAL REDEMPTION TERMS
   1. Each Gift is redeemable strictly for the subject-matter of such Gift and does not include any additional tax, service charge, or gratuity not explicitly mentioned.
   2. Unless otherwise stated, the Gift price does not include any applicable service charges or Goods & Services Tax, which may be charged to the redeemer of such Gift separately by the Vendor at the time the Gift is redeemed.
   3. Any Gift may be redeemed by any person in possession of such Gift, and in the absence of any information given to the Vendor to the contrary, the Vendor may assume that the holder of any Gift is entitled to or authorised to redeem such Gift. WOGI and the Vendor are each not responsible for the loss or theft of any Gift.
   4. Each Gift may be redeemed with the Vendor whose name is listed on the Gift, and can only be redeemed during the validity period stated on or with the Gift.
   5. Unless expressly stated as a “Multiple-Use” Gift, each Gift may be used once and only once, and must be surrendered to the Vendor after such Gift has been redeemed. Duplicated or repeated use of any Gift is strictly disallowed and may render such redeemer liable to criminal prosecution.
   6. A “Multiple-Use” Gift may be used for the number of times stated on the Gift only, and must be surrendered to the Vendor on demand after such Gift has been fully used.
   7. Unless otherwise stated, one Gift is valid for one person and one use only. In particular, splitting of bills is not allowed in conjunction with the use of any Gift.
   8. Each Gift is not valid for commercial use or resale. For the avoidance of doubt, each Gift may be freely gifted to any other person for such other person’s use.
   9. Each Gift may not be exchanged for cash or refunded unless expressly required by law.
   10. Each Gift may not be used in conjunction with any other promotion or discount.
   11. The Vendor may refuse to redeem a Gift if such a redemption would cause the Vendor to breach any applicable law, contract, or other obligation.
   12. The redeemer is wholly and solely responsible for ensuring that any product or service that may be redeemed by a Gift is suitable for him. The redeemer should contact the Vendor for any concerns or queries about the product or service a Gift redeems. To the fullest extent permitted by law, the Vendor and WOGI bears no liability or responsibility for any personal injury, harm, loss of or damage to property, or any other damage suffered by any person as a result of use of such product of service.
2. REDEMPTION OF SERVICES
   1. Redemption of any Gift for services is further subject to the terms in this Clause.
   2. A redeemer is required to make an appointment to redeem a Gift, and any redemption of a Gift without booking is on a solely discretionary basis and may be rejected by the Vendor. All bookings are subject to availability by the Vendor.
   3. You must mention at the time of booking or first visit that you are utilising a Gift, and at the Vendor’s request must provide the Vendor with the Gift’s unique serial number, code, or a copy of such Gift. You may also be required to present the Gift (whether in printed or digital form) on arrival.
   4. If you do not show up at the appointment with the Vendor once such appointment is confirmed, the Gift will nonetheless be considered to be redeemed and may not be used to make any subsequent appointment.
   5. “Multiple-Use” Gifts are considered redeemed at the first session, must be fully used within the validity period, and any use of any part of the Gift after the validity period is at the sole discretion of the Vendor. Any unused session is non-refundable and cannot be exchanged for other services or cash.
3. REDEMPTION OF GOODS
   1. Redemption of any Gift for goods is further subject to the terms in this Clause.
   2. Redemption of goods through any Gift is strictly on a “while stocks last” basis. The Vendor reserves the right to replace the good stated on any Gift with an equivalent product of similar value at its discretion.
   3. Each Gift must be presented at the point of redemption or collection of any goods. The Vendor may require that a Gift be surrendered in hard copy before allowing the redemption of any good.
   4. Unless otherwise stated, any goods redeemed through a Gift must be collected by the redeemer. Delivery of any goods after redemption is subject to the terms of delivery of the Vendor.
   5. Unless otherwise stated or required by law, goods obtained through a Gift are strictly non-exchangeable or refundable.
4. GENERAL
   1. Unless otherwise stated, these Redemption Terms and the redemption of each Gift is subject to and governed by Singapore law.
   2. The Vendor or WOGI may amend these Redemption Terms from time to time without any prior notice.

1. INTERPRETATION
   1. Each defined term in this Refund and Exchange Policy has the same meaning as the term in the Terms of Sale between the Company and the Purchaser.
2. REFUNDS
   1. The Company in general does not allow a refund for any Gift, unless expressly required by law. The Company will consider requests for refunds on a strictly case-by-case basis, and the decision to grant any refund is in the absolute discretion of the Company.
   2. The Company will make such refund to the Purchaser within a reasonable time.3.1. Any holder of a Gift may exchange such Gift for WOGI Dollars, provided that:
   3. A refund request may only be made by the Purchaser, and the Company will not make any refund to any Third Party (including a Recipient).
   4. A refund will only be made if the relevant Gift has not been redeemed and has not been disclosed or transferred to any Third Party (including a Recipient).
   5. Upon making a refund request, the Voucher in question will be suspended and may not be used while such refund request is being processed. In the event that the Voucher is somehow redeemed during the period of processing of a refund request, the refund request will be deemed to have been withdrawn.
   6. For the avoidance of doubt, the sum to be refunded for each Gift is the actual purchase price of such Gift, subject to Clause 2.8.
   7. The Company may make any cash refund through the same Payment Method the Purchaser used to pay for the relevant Gift, as a bank transfer to the Purchaser’s designated bank account, or any other means agreed between the Company and the Purchaser.
   8. The Purchaser shall solely and wholly bear any transfer fees incurred in making such cash refund, which the Company may set-off against or deduct from the sum that is to be refunded to the Purchaser.
3. EXCHANGE
   1. Any holder of a Gift may exchange such Gift for WOGI Dollars, provided that:
   1. such Gift is still capable of redemption and has not expired or been redeemed, or is not capable of being exchanged for WOGI Dollars;
   2. such holder must register and create a user account on the Website to receive WOGI Dollars;
   3. the value of the total amount of WOGI Dollars that such holder has in his user account after such exchange does not exceed S$999.00.
   2. The Company may decline to exchange any Gift for WOGI Dollars in its absolute discretion, without having to give any reason for such refusal whatsoever.
   3. The amount of WOGI Dollars each Gift may be exchanged for is set at the discretion of the Company, provided that the value of the amount of WOGI Dollars to be received in such exchange will be at least the actual price paid for such Gift less any reasonable sum deducted as administrative costs to process such exchange.
   4. The Gift may be exchanged only through the Website, by such means as set by the Company from time to time.
   5. Usage of WOGI Dollars are subject to the terms of the User Account Terms between the Company and the registered user on the Website, available here.
4. GENERAL
   1. This Refund and Exchange Policy is subject to amendment by the Company from time to time without prior notice.
   2. This Refund and Exchange Policy and any refund or exchange are governed by and is to be construed in accordance with the laws of Singapore.

This Data Protection Policy (“ DPP “) forms an integral part of the terms of use of our website (“ Website “). It explains our policies regarding the collection and use of all personal data collected from you, and takes into account our obligations under the Personal Data Protection Act, Act 26 of 2012 (“ PDPA “).

THIS DPP ALSO CONTAINS PROVISIONS LIMITING OUR LIABILITY AND REQUIRING YOU TO MONETARILY INDEMNIFY AND/OR COMPENSATE US IN CERTAIN EVENTS. You are therefore strongly advised to read this DPP closely. If you do not agree with any of the terms in this DPP, you must immediately cease using our Website.

Any queries, clarifications, or requests regarding this DPP, ourselves, your personal data, or the Website’s compliance with the PDPA may be directed to our data protection officer at Ei May Howe at (T) +65 6631 9192 or (E) hi@wogi.sg.

We only collect and use your personal information when we have a legitimate reason for doing so. In which instance, we only collect personal information that is reasonably necessary to provide our services to you.

1. PERSONAL DATA FROM USERS / VIEWERS
   1. We may collect, store, and use the following information from you as a necessary part of providing our services to you as a user or view of our Website:
   1. Internet Protocol addresses;
   2. Information on your previous sessions stored via cookies;
   3. Details of how you use our services (such as search queries); and
   4. Device event information such as (but not limited to) crash logs, system activities, browser type, browser language, the date and time of requests, and referral universal resource locators.
   5. Social network information - When you log in to our Services with a social network account, you may have the option of sharing information such as the name you use on that network, your birthday and your friends list or other information that the third party social network chooses to share with Wogi.
   2. If you choose not to provide us with the above information, we may not be able to provide you with access to the Website or provide you with the full range of services our Website has to offer.
2. HOW WE USE THE INFORMATION WE COLLECT
   1. Use as a glance

      We primarily use the information we collect to provide, administer, operate and improve our Services. We may use your information for the following purposes:

      • To create, administer and troubleshoot accounts, Services we provide
      • To credit or accept payments
      • To provide technical support and respond to inquiries
      • To prevent fraud, enforce the relevant terms of service or licenses, and protect Users
      • To enable user-to-user gift delivery
      • To inform Users of new products and services, including promotional offers
      • To contact you with information that we believe will be of interest to you.
      • As we believe to be necessary or appropriate
      • (a) under applicable law, including laws outside your country of residence
      • (b) to comply with legal process
      • (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence
      • (d) to enforce our terms and conditions;
      • (e) to protect our operations or those of any of our affiliates
      • (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others
      • (g) to allow us to pursue available remedies or limit the damages that we may sustain.
   2. Comprehensive List

      Below we list how we and our service providers use Personal Information for legitimate business purposes more comprehensively and inclusive of our legal basis for such collection and use as required by laws of certain jurisdictions where we operate including:

      Providing the functionality of the Services and fulfilling your requests.

      To provide the website(s) and Services’ functionality to you, such as arranging access to your registered account, and providing you with related customer service, including troubleshooting and service restoration.

      To analyze and take action on the analysis of our core business metrics.

      To respond to your inquiries and fulfill your requests, when you contact us via one of our online contact forms or otherwise, for example, when you send us questions, suggestions, compliments or complaints, or when you request a quote for or other information about our Services.

      To complete your transactions (including financial) and provide you with related customer service.

      To send administrative information to you, such as changes to our terms, conditions and policies.

      To allow you to share your gift experience on the social networks

      Providing you with our newsletter and/or other marketing materials and facilitating social sharing

3. DISCLOSURE OF PERSONAL INFORMATION TO THIRD PARTIES

   We may disclose personal information to:

   • - a parent, subsidiary, or affiliate of our company
   • - third party service providers for the purpose of enabling them to provide their services, for example, IT service providers, data storage, hosting and server providers, advertisers, or analytics platforms
   • - our employees, contractors, and/or related entities
   • - our existing or potential agents or business partners
   • - sponsors or promoters of any competition, sweepstakes, or promotion we run
   • - courts, tribunals, regulatory authorities, and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise, or defend our legal rights
   • - third parties, including agents or sub-contractors, who assist us in providing information, products, services, or direct marketing to you third parties to collect and process data
4. INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION

   The personal information we collect is stored and/or processed where we or our partners, affiliates, and third-party providers maintain facilities. Please be aware that the locations to which we store, process, or transfer your personal information may not have the same data protection laws as the country in which you initially provided the information. If we transfer your personal information to third parties in other countries: (i) we will perform those transfers in accordance with the requirements of applicable law; and (ii) we will protect the transferred personal information in accordance with this privacy policy.

5. YOUR RIGHTS AND CONTROLLING YOUR PERSONAL INFORMATION

   You always retain the right to withhold personal information from us, with the understanding that your experience of our website may be affected. We will not discriminate against you for exercising any of your rights over your personal information. If you do provide us with personal information you understand that we will collect, hold, use and disclose it in accordance with this privacy policy. You retain the right to request details of any personal information we hold about you.

   If we receive personal information about you from a third party, we will protect it as set out in this privacy policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.

   If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time. We will provide you with the ability to unsubscribe from our email-database or opt out of communications. Please be aware we may need to request specific information from you to help us confirm your identity.

   If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant, or misleading, please contact us using the details provided in this privacy policy. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading, or out of date.

   If you believe that we have breached a relevant data protection law and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint. You also have the right to contact a regulatory body or data protection authority in relation to your complaint.

6. COOKIES POLICY
   1. When you visit this Website, we may store some information (commonly known as a “cookie”) on your computer. For more information on cookies, including how to block cookies, you may visit the third party site www.allaboutcookies.org , but TAKE NOTE that we are not responsible for the accuracy, truth, or veracity of any of the information on that site. If you block cookies, some parts of our Website may not be accessible to you.
   2. Our cookies may be used for the following purposes:
   1. managing your login session with your user account, so you can move easily from one page to another within our Website without having to re-enter your details on each page;
   2. collecting statistical information on how you use the site, including dead links and page errors, so we can improve our Website;
   3. remembering that you have used our Website before to measure the number of unique visitors we received to different parts of our Website;
   4. storing your preferences and selections;
   5. customising elements of the layout and/or content of the pages of our Website for you; and
   6. registering and tracking votes you may have made on any survey or poll on our Website.
7. LINKS TO THIRD PARTY WEBSITES
   1. We cannot be responsible for the data protection policies and practices of other websites, even if they are accessed using links from our Website, or if they link to our Website. We recommend that you check the policy of each website you visit and contact its owner or operator if you have any concerns or questions.
8. PERSONAL DATA FROM REGISTERED USERS
   1. You may choose to register a user account with us at any time in accordance with the terms of use of our Website. You may only register a user account with us for yourself or on behalf of any other person who has given you express permission to do so By creating an account with us, you represent and warrant to us that you comply with this clause.
   2. If you choose to register an account with us, we will collect, store, and use the personal data submitted to us through the registration form or through Facebook in order to verify your identity and administer your account. The personal data we will collect includes:
   1. names;
   2. usernames and passwords;
   3. email addresses;
   4. residential addresses; and
   5. phone numbers.
   3. We may also collect, store, and use any additional personal data you may upload to our Website for the purposes of enhancing the website/usage experience for yourself and other users of our Website.
   4. You warrant and represent that all personal data you submit to us is accurate and not misleading in any way, and that where you are registering on account of another person that you have his permission to do so.
   5. All personal data will be stored on our servers in Singapore. We will not store or transmit your personal data overseas unless the recipient is legally bound to protect your personal data by a standard at least as onerous as the standard prescribed by the PDPA.
   6. You may subscribe to any email updates, newsletters, or notifications sent by us or our Website through your profile page. By doing so, you give your consent for us to send such updates, newsletters, or notifications, including all advertising material contained therein, to your designated email address.
9. PURCHASES AND PAYMENTS
   1. If you choose to purchase any Voucher from us, you will be required to give us certain details to allow us to process your purchase. This includes details such as your credit card number and other personal particulars. In giving us such particulars, you consent to us:
   1. using such particulars for the purpose of processing payment to be made by you;
   2. using such particulars to contact you if it becomes necessary for us to do so;
   3. using such particulars to verify your identity;
   4. keeping such particulars for a reasonable period of time for verification purposes; and
   5. disclosing such particulars to third-party payment services providers to allow payment to be made to us.
   6. disclosing such particulars to the relevant Vendor of a Gift to allow you to redeem the Gift.
   2. If you wish us to deliver any Voucher to another person, you represent, warrant, and confirm that you are authorised or have the consent of such other person to disclose his personal data to us to allow us to process delivery of such Voucher to him, and that he consents to us:
   1. using such personal data to deliver such Voucher to him;
   2. keeping such particulars for a reasonable period of time for verification purposes; and
   3. disclosing such particulars to third-party delivery service providers to help process delivery of such Vouchers.
10. INDEMNITY
    1. If we receive, suffer, incur, or become liable for any loss, fine, penalty, or face any civil action as a result of a breach of the PDPA due to your breach, negligent or otherwise, of the terms of this DPP:
    1. you shall fully cooperate and give your fullest aid and assistance to us in dealing with any investigation, or defending or appealing such action; and
    2. you shall FULLY INDEMNIFY, KEEP INDEMNIFIED, AND HOLD US HARMLESS for such claim, expense, cost, loss, fine, penalty, or civil action, including any legal costs on an indemnity basis that we may expend in dealing with any investigation, or in defending or appealing such action.
11. ACCESS, EDIT AND DELETE PERSONAL DATA
    1. You may access, and, in some cases, edit or delete your personal data that WOGI holds about you via the service. To do so, please log-in to your account and from the profile menue select “Profile”. You can edit your personal data, disconnect linked accounts or completely close your account with us. Upon account closing, all your personal data will be removed from our platform. Further more, you can request change / deletion of you personal data on wogi.sg via email sent to [email protected] indicating the email account used for the account with us. We will process your request and respond to you within 2 working days from the date of receiving your email. Please note, however, that all payment and delivery information associated with your purchases or received eGifts may remain in our records after account closure. In addition, we may use any aggregated, de-identified data derived from or associated with your account after you update or delete your personal data. If you request that any of your personal data be deleted, we reserve the right to terminate and/or limit your access to the Services to the extent Services cannot be reasonably provided without that information.
    2. General (non-EU) Data Privacy Requests. If you have any questions about updating information we have on file about you, please contact us at [email protected]. We will respond to you within 2 weeks from the date of receiving your email.
    3. EU Data Privacy Requests. Some individuals, including those whose information is subject to European Union (EU) data privacy laws, have certain legal rights to obtain information on whether we hold personal data about them, to access personal data we hold about them, and to obtain the correction, update, amendment or deletion of such data in appropriate circumstances. For some personal data, these rights may be exercised through your User account settings, and in all cases, requests to exercise these rights may be submitted using the fallowing mail: [email protected].